HB 104 Prohibits public higher education institutions from denying religious student associations benefits available to other student associations and from discriminating against them

Current Bill Summary

- Prepared by Senate Research -


HCS/HB 104 - This act prohibits public institutions of higher learning from taking any action or enforcing any policy that denies a religious student association any benefit available to any other student association. This act also prohibits public institutions of higher learning from discriminating against a religious student association with respect to such benefit, based on that association's requirement that its leaders or members do the following: adhere to the association's sincerely held religious beliefs; comply with the association's sincere religious observance requirements; comply with the association's sincere religious standards of conduct; or be committed to furthering the association's religious missions, as described in the act.

Public institutions of higher learning are prohibited from substantially burdening a student's exercise of religion unless the institution can demonstrate that application of the burden to the student is in furtherance of a compelling interest of the institution, and is the least restrictive means of furthering that compelling interest.

Any student or religious student association that has been aggrieved as a result of a violation of this act may assert that violation as a claim or defense in a judicial or administrative proceeding against the institution and obtain appropriate relief.

This act is identical to SCS/SBs 248 & 311 (2015).

MICHAEL RUFF


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